[DOWNLOAD] "State v. Herman" by Wisconsin Court of Appeals ~ Book PDF Kindle ePub Free

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eBook details

• Title: State v. Herman
• Author : Wisconsin Court of Appeals
• Release Date : January 18, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

1. Jacob Herman appeals from the sentencing portion of a judgment convicting him of possession of THC contrary to Wis. Stat. § 961.41(3g)(e). The circuit court suspended Herman's operating privilege for six months after concluding that it had no discretion to impose less than the minimum suspension mandated by Wis. Stat. § 961.50, which applies to those who are convicted of violating Wis. Stat. ch. 961. This appeal presents a single issue: whether § 961.50 prescribes a ""minimum sentence"" as that term is used in Wis. Stat. § 961.438, which provides that minimum sentences for violations of ch. 961 are presumptive, rather than mandatory. We conclude that a suspension imposed pursuant to § 961.50 is not a ""minimum sentence"" as that term is used in § 961.438 and that it is a mandatory penalty. Accordingly, we affirm the judgment. Statement of Facts 2. The facts are undisputed. Herman pled guilty to misdemeanor possession of THC. Prior to sentencing, Herman asked the circuit court not to impose the minimum six-month suspension of operating privileges dictated by Wis. Stat. § 961.50. Herman asserted that the suspension was not warranted because he was not driving at the time of his offense and he needs his car for employment. Herman argued that the court had discretion to suspend his operating privilege for less than six months because the § 961.50 suspension is presumptive rather than mandatory, pursuant to Wis. Stat. § 961.438.

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